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Lionel StassarDirector of the Translation Department

National Employment Office (ONEM)

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WIKIPEDIA (Family reunification) : Family reunification is a recognized reason for immigration in many countries because of the presence of one or more family members in a certain country, therefore, enables the rest of the divided family or only specific members of the family to immigrate to that country as well.

If integration measures are in effect used to limit family reunification, this would amount to an additional requirement for family reunification. This would undermine the objective of the directive, which is to promote family reunification, and the effectiveness thereof[51].

This Article imposes precise positive obligations, with corresponding clearly defined individual rights, on the MSs, since it requires them, in the cases determined by the Directive, to authorise family reunification of certain members of the sponsor's family, without being left a margin of appreciation.[14] Minor children, including adopted children of either the sponsor or the spouse, are also entitled to family reunification on condition that the sponsor or the spouse, respectively, has custody and the children are dependent on him/her.

The objective of the Directive, namely to determine the conditions for the exercise of the right to family reunification and to facilitate the integration of third-country nationals meeting the conditions in the given Member State should be kept in mind.[8] The Commission would in particular like to invite Member States who reported problems of abuse of the right to family reunification to specify and quantify them in order to be able to address them at EU level in a more targeted way.

For all the above reasons, the Advocate General proposes that the Court should rule that the Austrian provision under which it is permissible to reject an application for family reunification on the ground that the age limit for exercising the right to such reunification has not been reached, even though that age limit has been reached by the time the authorities’ decision is adopted, is incompatible with the family reunification directive.

An interpretation of the directive to the effect that it is permissible to submit an application before the age limit has been reached and to obtain the right of residence where that age limit has been reached by the time the decision of the administrative authorities on the application for family reunification is adopted is one that promotes family reunification and eschews a formalistic interpretation of the measure which prevents such reunification occurring.

EU law identifies the group of family members of third country nationals residing in a Member State who may be entitled to a residence permit on the ground of family reunification. With regard to spouses, in order to ensure better integration and to prevent forced marriages, Directive 2003/86/EC provides that Member States may impose a minimum age (no more than 21 years) for the purpose of family reunification. The directive does not, however, specify the point at which the sponsor and his or her spouse must have reached that minimum age limit.

The Advocate General goes on to state that although the express purpose of the possibility given to Member States of imposing a minimum age limit for the purpose of family reunification is the legitimate purpose of preventing forced marriages — on the basis that being older brings with it a greater degree of maturity, which may, in theory, help the person concerned to resist pressure to enter a forced marriage — that consideration must nevertheless be balanced against the right to family reunification of those who are genuinely and sincerely married.

If integration measures are in effect used to limit family reunification, this would amount to an additional requirement for family reunification. This would undermine the objective of the directive, which is to promote family reunification, and the effectiveness thereof[51].

This Article imposes precise positive obligations, with corresponding clearly defined individual rights, on the MSs, since it requires them, in the cases determined by the Directive, to authorise family reunification of certain members of the sponsor's family, without being left a margin of appreciation.[14] Minor children, including adopted children of either the sponsor or the spouse, are also entitled to family reunification on condition that the sponsor or the spouse, respectively, has custody and the children are dependent on him/her.

The objective of the Directive, namely to determine the conditions for the exercise of the right to family reunification and to facilitate the integration of third-country nationals meeting the conditions in the given Member State should be kept in mind.[8] The Commission would in particular like to invite Member States who reported problems of abuse of the right to family reunification to specify and quantify them in order to be able to address them at EU level in a more targeted way.

The right to family reunification will be considerably reinforced, in particular by enlarging the scope of the Regulation to include applicants and beneficiaries of subsidiary protection, by making compulsory the reunification of dependent relatives and by forbidding, subject to certain conditions, the sending back of an applicant for whom one of the family unity criteria can be applied at the time of his/her most recent application.

The Court held, next, that the power of the Member States to defer family reunification for two or, as the case may be, three years permits them to make sure that family reunification will take place in favourable conditions, after the sponsor has been residing in the host State for a sufficiently long period for it to be assumed that the family members will settle down well and display a certain level of integration. The power does not run counter to the right of respect for family life.

Thus, for instance, while calling on Member States to 'take appropriate measures to maintain as far as possible family unity as present within their territory', the directive refers back to domestic law and practice for the purposes of defining 'family members'. In this connection, it should be noted that a directive on family reunification was adopted on 22 September 2003, whose many inadequacies have been criticised by GISTI (Groupe d'information et de soutien des travailleurs immigrés). This organisation also pointed out that it will be possible, on the basis of the directive: to require foreigners to wait for up to three years before ...[+++] being able to apply for family reunification; to limit the possibility of children over the age of 12 joining their parents; to issue reunified family members with precarious residence permits; to prohibit immediate access to employment; to call into question their right of residence in the event of family break-up.

By way of derogation, where the legislation of a Member State relating to family reunification in force on the date of adoption of this Directive takes into account its reception capacity, the Member State may provide for a waiting period of no more than three years between submission of the application for family reunification and the issue of a residence permit to the family members.

(11) The right to family reunification should be exercised in proper compliance with the values and principles recognised by the Member States, in particular with respect to the rights of women and of children; such compliance justifies the possible taking of restrictive measures against applications for family reunification of polygamous households.

This family immigration consists of both family reunification in the strict sense – the reunification of family members with a third-country national who is already resident – and the reunification of a family when the family ties are established after the entry of the third-country national.

By way of derogation, where the legislation of a Member State relating to family reunification in force on the date of adoption of this Directive has regard for its reception capacity, the Member State may provide for a waiting period of no more than three years between submission of the application for family reunification and the issue of a residenc e permit to the family members.

By way of derogation, where the legislation of a Member State relating to family reunification in force on the date of adoption of this Directive takes into account its reception capacity, the Member State may provide for a waiting period of no more than three years between submission of the application for family reunification and the issue of a residence permit to the family members.

In order to exercise his right to family reunification, the applicant shall submit an application for entry and residence of one or more members of his family to the competent authorities of the Member State where he resides. The application shall be accompanied by documentary evidence of the family relationship and of compliance with the conditions laid down in Articles 5, 8 and, where applicable, 9 and 10.

In order to exercise his right to family reunification, the applicant shall submit an application for entry and residence of a member of his family to the competent authorities of the Member State where he resides. The application shall be accompanied by documentary evidence of the family relationship and of compliance with the conditions laid down in Articles 5, 8 and, where applicable, 9 and 10.

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